Marijuana and Cannabis News

The medical marijuana industry in Washington state does not oppose legalization in the wholesale manner in which Dominic Holden, above, claims they do; they merely object to many of I-502's provisions

By Philip Dawdy

Special to Toke of the Town

The road to cannabis legalization is certainly proving to be an odd one in Washington State, filled with so many ironies that I've lost count. Here comes another set of ironies.

On April 13th, the New York Times published an op-ed by Dominic Holden, "news" editor of The Stranger. Its contents prompted me to send the following letter to the editor, which the paper decided wasn't important enough to share with its readers. In my opinion, Holden has been writing about I-502 in a way that is both deceptive and journalistically unprofessional.

Here's what I sent the Times:

In journalism school, I was taught that journalists should strive to avoid conflicts of interest and should always reveal them in instances where they cannot be avoided. Interesting then that in his "Smokeless in Seattle" opinion piece on April 13 in which he lambasted the medical marijuana industry for opposing a legalization initiative in Washington State, Dominic Holden did not inform readers that he used to be an employee of the ACLU of Washington.

The ACLU of Washington is the prime backer of I-502, but has actively opposed earlier legalization initiatives in Washington. In 2010, when a group called Sensible Washington circulated an earlier legalization initiative it was supported by the medical marijuana industry, which was still in its infancy here, and by many medical marijuana patients in Washington State. But that initiative, which I co-authored, was actively opposed by the ACLU of Washington, which killed off Sensible Washington's ability to raise money to get it on the ballot that year.

I know this because I was the group's co-founder and campaign director at the time. Readers of the Times should know that the medical marijuana industry in this state does not oppose legalization in the wholesale manner in which Holden claims they do; they merely object to many of I-502's provisions. Why Holden fails to make this point speaks to his undisclosed biases and lack of journalistic chops.

Speaking of biases, I'm involved in the medical marijuana industry and am neutral on 502. I favor legalization wholeheartedly but not the kind that potentially puts patients at risk of arrest. I'm also opposed to journalists who don't reveal their conflicts of interest to editors and readers.

All of the above is true: Holden did work for the ACLU of Washington before he became a reporter and then a news editor at The Stranger. And, yes, the ACLU of Washington did actively oppose -- or not support -- I-1068 in 2010. That opposition effectively killed Sensible Washington's ability to raise funds to get 1068 on the ballot that year, even though a very committed band of volunteers came within about 100,000 signatures of getting it on the ballot.

And, yes, the still nascent MMJ industry did support 1068, so Holden's claims both in the Times and The Stranger that the MMJ industry is against legalization are nonsense and little more than sophomoric propaganda. Why the alleged paper of record wouldn't think this kind of information might be of interest to its readers is far beyond me. As a journalist of 18 years' experience, I find it embarrassing.

That's not the only set of facts around the I-502 dust-up that Holden is withholding from readers. He continues to paint Dr. Gil Mobley, a physician in Federal Way, Washington, as a profiteering MMJ industry goon because Mobley has begun an active campaign against I-502. But Mobley hasn't written medical cannabis authorizations since the middle of 2011, so he's not part of the MMJ industry these days. And Holden knows this because, as Mobley told me yesterday, he told this to Holden directly a few weeks ago.

You all are welcome to sort out for yourselves why Holden might be playing games along these lines.

The marijuana legalization effort in Washington State is certainly party to some interesting ironies. It's ironic that two years after 1068 kicked off the push for marijuana legalization in this state (along with a sell-pot-in-state-liquor-stores bill offered by State Rep. Mary Lou Dickerson) that the ACLU of Washington has its own initiative headed for the November ballot and that there has been some really ugly blowback against I-502 -- from legalization advocates, medical cannabis patients and, yes, many MMJ providers. (The Yes on 502 campaign is being run by New Approach Washington.)

It's ironic that the ACLU was against legalization in 2010 but is now in favor of it. It's ironic, too, that Holden didn't call out the ACLU of Washington for opposing legalization in 2010 -- he wrote about the conflict, but didn't hammer on the ACLU anywhere near as hard as he's been hammering on the MMJ community in the Times and The Stranger. In fact, Holden didn't even criticize the ACLU for its opposition to 1068. You have to wonder why.

Want another irony, perfect for 4/20? In 2010, Sensible Washington had to drag NORML, kicking and screaming, into endorsing 1068 and, then, the group couldn't be bothered to help publicize 1068's existence -- which would've been kind of helpful. But here we are two years later and NORML is enthusiastically promoting I-502. Go figure.

Have a happy, safe and non-ironic 4/20.

(For the sake of completeness, let me identify a few other conflicts I might have. I was once a staff writer at Seattle Weekly [its parent company, Village Voice Media, owns this website]. I was a co-founder of the (now-defunct) Washington Cannabis Association and was heavily involved in the creation of the medical cannabis bill that Gov. Christine Gregoire partially vetoed last year. I also was involved in other medical cannabis legislation, including a bill this year that failed to move out of the State Senate, under the umbrella of the Washington Alternative Medicine Alliance. I also work as a freelance writer for the 4Evergreen Group's website and PDA magazine. 4Evergreen does medical cannabis authorizations. It has not taken a public position on I-502.)

More links from around the web!

Anybody else see the official response from the White House petition site regarding MMJ for Veterans and industrial hemp? A big NO from the Gov via good old Gil. The Feds do not appear to be willing to budge. Yes on I-502.

"We fully recognize the per se DUI marijuana provisions in I-502 are arbitrary, unnecessary, and unscientific, and we argued strongly with the sponsors for provisions that would require proof of actual impairment to be shown before one could be charged with a traffic safety offense," Allen St. Pierre, NORML Executive Director Allen St. Pierre, while endorsing I-502

'Drug Czar' Buzz-Kill-oske is one of the reasons I don't trust 502, he was all seemingly reasonable when top cop in Seattle, he is dirty-rat doppelganger and looks like Droopy the Dog.See how the answer is always framed as to help us, keep us safe, to save the children and the seals? Always proposed disingenuously are these ugly laws and explanations of control, whether it is the Patriot Act or I502, bad law is sold as a duplicitous lie.

"As for the well-publicized DUI fears, he admits it's likely that police will be more vigilant trying to sniff out stoned drivers"- Seattle Weekly quoting Norm Stamper, former Seattle Police Chief, March 26th

Don't forget the rest of what they said - that despite these provisions, NORML heartily endorsed I-502, since it is largely a great piece of landmark legislation that, if passed, will be the major blow that knocks down the wall of the crumbling marijuana prohibition. The small problems will be fixed soon afterwards.

Disagree. The stoners who shot down 19 have emboldened the fedreal government to run rough shod over mj. Secondly, by stoners who thought they were to cool for legalization and voted no on 19 have set the legalization movement in California back several years. California won't even think of legalizing this year. The damage by voting down 19 has been enormous, so please don't try to mitigate it.

What's more important is what DIDN'T happen when Prop 19 didn't pass. Marijuana prohibition did not end. That is the goal of all real reformers. Prop 19 definitely was not bad law. - Amazing how you greedy growers have glommed onto this site.

to Marvin below-You from Seattle or just another know-it-all from the East Coast? "Chief K has instructed our men and women in blue to look the other way during Hempfest and other occasions of Northwest green celebration"- Seattle Weekly fev 16 2009 from an article titled- "Potential Drug Czar Kerlikowskey is, Like Totally Mellow With Fine Bud". So when I say, 'he was all seemingly reasonable when top cop in Seattle', that is what I meant. So, Gil in one on the many reasons i don't trust law written by cops and sellouts. 502 is Bad Law and Will Not Pass

Gil has never been particularly Cannabis friendly, really. Anyway, I believe the next time we will be able to vote on such an initiative until 2016. If both WA and CO fail this year, I believe it will be a strong argument for the Feds to allocate more funds to suppress us all. Please reconsider 502 and consider not all STATE laws are set in stone.

Use the cigs for the sniffers, Greenlv, just don't inhale, incense makes a cop think your covering up the weed smell, cig smoke and stink, the cop don't think smoke / smell screen. It's worked for me for over 30 years, no failures to date. Praise I AM.

jontomas is a TRoll......quit feeding the trolls....502 is bad law for everyone jontomas. I'm sorry, but I will not vote for something that is bad for both patients and citizens of Washington. That nanogram limit is based on gutter science. That alone should be enough to say no due to all the possible DUI's with 502. I would like to grow my own, not have 400+ chemical additives in my ciggaweed.

The 'small problems' of Unscientific DUI laws? You mean intimidating and incarcerating patients and stoners alike? A new stream of revenue and control for the State? No Home Growing? Absurd DUI laws? No protection for Patients of People 18-21? Out of state paid 'Reformers', East Coast pansies, and sold-out NORML want Washington State Citizens to vote for this bullshit? 502 is not 'Legalization', only a liar or a fool would say it is. Too bad for you I vote. 502 is Bad Law and Will Not Pass.

''Stoners"? Don't you mean voters? The Federal government has never relied on "stoners" to embolden them. ''Stoners" are not known to be a large or effective voting block. The fact is the majority just didn't think it was the way to go, which is what 502 is facing in WA this year. The damage from poorly crafted initiatives will be overcome just as they have for these many years with support growing with every subsequent effort.Please don't try to shape the facts to suit your support of bad law. When the right propsal comes a majority will support and pass it. We've waited this long and worked hard for true reform. We may have to wait a while longer until those with agendas subvert them for the better good of all. Legalize yes, but not just in any way or for questionable reasons.PS. I LOVE that you have taken the psydonym of a WWII proagandist and spreader of disinformation. It suits you.

JONTOMAS WROTE "Relying on the government and their suppliers is FAR better than being considered a criminal. You can't grow it for yourself in your own home now without consequences - unless you are a medical marijuana patient. And this initiative is NOT about medical marijuana patients. It's about EVERYONE"

This from a person who states its going to be sold for $50 a oz.....hahahaha. You will be at the mercy of government as far as prices and taxes....not to mention what are they going to add to it?? Just like the Tabaco industry adds shit to make their product more addictive.

40gs and under is a civil offense. I would rather get a $100 ticket than a DUIGetting a DUI for a blood level test that has not proven to show impairment is not a good law period.

They need tests to show impairment, not just hand out DUIs beacuse you had a few bong hits 2 days prior.

'jontomas', paid propagandist, Spams this site with character assassinations. Anyone who does not agree with his narrow point of view in called Greedy Grower including Steve Elliot the Editor. HIs is too simple or Corrupt to understand that 502 is a State power grabs written by Cops and sellouts, backed by Big Pharma and well meaning travel agents. That Absurd DUI laws, No protection for people 18-21 or patients and No Home Growing are all valid points. That this 502 is not 'Legalization' and that only a fool, liar, or paid mouth-piece would say it is.

'jontomas- you are a paid 'Reformer', I'm a Washington State citizen with an opinion. You call everyone a criminal who doesn't agree with you, it's pathetic. An ugly attempt to marginalize and criminalize anyone who will not be bullied. Too bad for you I vote. 502 is Bad Law and Will Not Pass.

I was hoping so. It's difficult to determine sarcasm in text sometimes. Anyway, I do not drink anymore. I was young and stupid(er). You may believe I am too paranoid about the Gov. cracking down on mmj in order to suppress any legalization movement, but until I see otherwise I will take my chances waking up possibly over 5ng and driving safely to work in my functional vehicle than voting NO for reform when I do not see SW coming up with the signatures to get it on the ballot, even in 2016. I really wish that could be the case and I will support them as well, I just dont see it. You and I are ultimately on the same side, but with different views.

Greenlv-I didn't realize you were headed in that direction, otherwise I would have stated that the two years I did not live in Western WA were from age 2-4. Am I still a non native? Not that it matters at all, because even if I had moved here recently my vote still counts the same as yours. Ten years ago I got a DUI for driving under the influence of alcohol. I was over .15 so penalties were worse than .08-.14. Once my license was reinstated I was absolutely sure I would be pulled over for nothing. Over the next three years during which I was on active probation I would say 7-10 times I looked in my rear view mirror and say a cop of some sort, local, State, Sherriff. As the pucker factor went to 11, they sometimes got right on my ass. I figured (and still believe) they were running my plates. Two of those times the cop followed me several miles, though I cannot be certain of their intentions, I believe they were waiting for me to commit an infraction. I drove fine and eventually the cop broke away. Proof that if you drive properly and your turn indicators, etc are working you will be fine.As for the Sea Fair question, I probably am too young to remember before the beer garden, don't even know when it was changed without looking it up. But in all fairness I grew up on Vashon Island and Sea Fair was apparently enough of a pain in the ass that my parents only took me three times when I was young.

Not a native then. Cops will not look the other way if 502 passed, it would be a lockdown, especially for the 18 to 21 yr crowd. Are you old enough to remember Sea Fair before the beer gardens. Just a bit too young i bet. It'll be the same training. Want a bong-hit, get in the cage and let me see your wristband.

To Greenlv-I have lived here for 33 of my 35 years, so stop right there. Of course cops look the other way during Hempfest, and the Seattle Weekly is garbage. It is well known that Gil did a lot of talking about a lot of things but supported the status quo.

The point is, saying the public will not vote for reform (since 502 does not re-legalize) without driving restictions does not mean it is so! Any driving restrictions have to make sense and those contained in 502 do not make sense since they are not based in science and do not indicate impairment across the population in the manner that .08% BAC does for alcohol. For all your blather, 502 supporters never see that this is anything but acceptable and have no answer for it other than, 'Well, they had to put that in there or it wouldn't pass.' I call BS! There is an unknown method to determine impairment, but as long as 502'ers keep bleating "5ng is the way to go'' it won't be found because "5ng is good enough'. Well it isn't.

And again you blind, deaf and ignorant fools, it's not about ''being able to drive after smoking". It's about being able to drive when unimpaired and not face jail and DUI charges! Why do you insist on missing that point? Is it because you know you have no real answer, so you deflect, misrepresent and misinterpret what the opposition is saying? The law WILL be 'set in stone' for TWO YEARS. Sure we can wait patiently and then TRY to make changes, but some who were not impaired will be waiting some of that time in JAIL. That is not justice. My apologies to the blind, deaf and ignorant for associating you with 502 who do not do so yourselves!

It is public perception and State power we are concerned about you smug, stupid, paid propagandist. Driving is not a crumb for people who need to use a car to run their business or get to work, Even if we smoked last night. Go take a bus back to your little city apartment assshole. Absurd DUII laws are no 'Crumb'. Your credibility is shot here, go post on the New York times or some other toilet paper. 502 is Bad Law and Will Not Pass.

We've already noted research shows marijuana consumption is not a significant cause of auto accidents. That's not the point. The point is, the public will not vote for a re-legalization initiative that does not included driving restrictions. The crumb of being able to drive after smoking pot is nothing compared to the great breadth of freedom we will achieve by ending marijuana prohibition by passing I-502.

Might, you think, your pre-destined and fatalistic DUI provision be based in science? Might it prove impairment and risk to ones life and others? That it may address an actual public safety issue? Not an arbitrary, unscientific, agreed upon lie as to appease State Power? That we might gain a bread crumb of freedom and be allowed to continue on with our lives unmolested?

To Don Skakie, for some reason I can't reply to you directly.That's great if it only takes four years to get a test for DUID of Cannabis that works! But it will likely be longer (who is working on it now?) and more importantly that is not what I was saying. The Federal Government has made it clear that they are cracking down on the medican Cannabis industry. It is an industry from which they reap no rewards, therefore undesireable. The chance of the movement being worse off in four years than it is now is very great. No matter what political party or President we have, please realize that everything is and will become increasingly regulated. I would not even discredit the idea that at some point certain foods will actually be illegal. I believe we are at a critical moment in the legalization movement.

Makes me want to go on the show "Doomsday Preppers," and build a nukeproof shelter that houses a farm and Cannabis seekbank, lol!

The matter of time you refer to is that which will be required to research what method or metrics cannabis IMPAIRMENT is determined by. We don't know if it will be a measure of thc in the blood, some sort of hand/eye/perception/reaction test done on an officers laptop or whatever else ends up being that DEFINITIVE test that will indicate impairment CONSISTENTY across all lines be they sex, size, age or whatever differences and variables we have in the manner that .08% BAC is for alcohol. 502 didn't do this research and the 5ng limit is not based in solid science. Nobody wants to be on the road with impaired drivers and drivers that are not impaired should not be found guilty under subjective evidence. Give us the test that is fair and consistent and we will accept it. Picking a number out of the air that is not, we will not.

In my reading of it, they do. They just haven't spelled out the specifics. They leave that up to the government. The initiative states:

>>>"NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA OR TO SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA, NOR SHALL THIS SECTION PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA." [Caps theirs]

IF the initiative in Colorado passes, it will only be a matter of time until DUID language is added. This would eventually happen in Washington if a SW initiative passes. I hope you anti 502 people realize that the Federal Gov. is going after the medical industry pretty hard right now and this is unlikely to slow down. The Presidential election has nothing to do with this, they will keep putting on more pressure. The next time we can reasonably figure SW could get enough signatures to get an initiative to ballot will be 2016. What will the overall landscape look like then?

No. You and all the antis are the trolls. I have been a respected, highly knowledgeable commentator on marijuana policy since 1996. My early years were spent participating in the best Internet forum that ever existed - the New York Times Drug Policy Forum of the late nineties and early 2000s.

Instead of personal attacks, try refuting my points. - To deny there will be some form of driving restrictions in ANY re-legalization initiative is folly at best and deception at worst. Again, the small imperfections of these initiatives will be ironed out quickly by reformers later. And home growing will definitely be allowed as well.

All real reformers want to end the WHOLE fraudulent marijuana prohibition. These initiatives are what it takes to do so, and will be the fastest way to achieve what ALL consumers want.

We've already been over how the small problems are minor in comparison to the freedom I-502 bestows and how it will be the domino that destroys the fraudulent marijuana prohibition in the whole country. Of course, that is what you REALLY don't want.

To 'jontomas:Nonsense. You have clearly shot your credibility here. Nobody buys your lies about anyone disagreeing with you, or daring to have an opinion of their own, is automatically greedy grower or gangsty gangster, especially since you offer nothing to back up the ridiculous, spiteful claim.

Absurd DUI laws,? No protection for people 18-21 or patients? Do you have a name for your Stoner Re-education center yet? Getting ready to teach us all not to smoke a couple days before we drive? No Home Growing? 502 is not 'Legalization' only a fool, liar, or paid mouth-piece would say it is. 502 is Bad Law and Will Not Pass.

It's funny how some people can't get over the idea marijuana is made of gold. It's just a plant. After re-legalization, all the mystery will be gone and it will sell for a little more than good pipe/cigar tobacco - about $50 an ounce. (See Fairhill's last line below.)

Again, you make the mistake of thinking I-502, or any initiative, will cast marijuana policy in stone. Of course it won't. We will continue to refine policy until it reaches its optimum form, just like we did with alcohol after ending ITS prohibition. After the "criminality" and stigma are gone, police won't be able to make good cases against drivers who were only statutorily "impaired."

Hey Mark H, if History teaches us anything, we only need look at alcohol prohibition. They ( our fine elected "public servants" ) thought it would teach us a lesson and get us to give up alcohol so what they did was they intentionally poisoned the whiskey and alcohol not to make the people sick, but to kill them, so as to send a message to the "others", you gotta remember back in them days there was some serious religious zealots and freaks, so they were doing gods work. It's all good. More people have died at the hands of gods people in more ways than one can imagine. God, please save me from your followers. Amen. So, you are right to be worried about what they might put in it, probably something that will actually make people schizophrenic paranoid delusionals. Probably some powdered LSD! I know I can grow a 10lb. plant in the Arizona dirt and sunshine for about $50.00, thats 160 ounces. And its primo stuff!

'jontomas', paid propagandist, Hates Anyone who does not agree with his narrow point of view. He lies and calls anyone apposed a Greedy Grower including Steve Elliot the Editor. HIs is too much a Zealot to understand that 502 is a State power grabs written by Cops and sellouts, backed by Big Pharma and well meaning travel agents. That Absurd DUI laws, No protection for people 18-21 or patients and No Home Growing are all valid points. That this 502 is not 'Legalization' and that only a fool, liar, or paid mouth-piece would say it is.

Jonto doesn't understand things too well. I can see that with all the federal government raiding our medical outlets now, they will most assuredly raid the 502 outlets, we will never be free until we pass a federal initiative and take cannabis off the controlled substance list nationally. You have to know the feds will not support this Jontomas? We need to ask Obama and see what he has to say. I'm sure he would not support it, and I know Gregoire does not. This law will not be able to go into implementation stage if it does get passed, except they will keep the DUI provision. All the bad with none of the good. People need to open their eyes to the reality of the situation.

Now that you give enough information, your meaning does get across. It remains to be seen if medical marijuana patients are foolish enough to forget the long-term for nebulous short-term "security." Most are intelligent enough to see all the raids on dispensaries and growers and realize medical patients will never be free until we end ALL the fraudulent marijuana prohibition.

A vote for 502 will have patients shooting themselves in the foot. Understand my comment from above now? A vote against will have re-legalizers and the movement getting shot in the foot. Understand my comment from above now?

Relying on the government and their suppliers is FAR better than being considered a criminal. You can't grow it for yourself in your own home now without consequences - unless you are a medical marijuana patient. And this initiative is NOT about medical marijuana patients. It's about EVERYONE.

Further, this does not affect the rights of patients to grow, so why would you be against it? Your position doesn't make sense - unless you have an ulterior motive.

To jontomass. I've been in the reform movement since my first toke at age 12. Let's see you got 16 years and I got 43 years, I hope I don't have to do the algebra for you. Ok, now your not ok with me anymore. We just have a failure to communicate. Epic on your part. I'm not on the fence as you put it, but you obviously haven't read all my comments. The one saying if I could be one of the first people in the US to slap the US govt."public servants" in the face with the passage of a bill like 502, I would shoot myself in the little toe ( by agreeing to the DUI provisions) just to be on the team.

I'm not a greedy grower or a grower period, and I fucking think Greenlv is A OK. Along with every body else even you. So for sure your wrong about this. Greenlv credit rating here is 840 on all three credit scores.

Nonsense, 'jontomas' Quit pretending to be anything but a Paid marijuana 'Reformer'. You are simply a Paid Propagandist who doesn't care that your small and Zealot understanding will intimidate and incarcerate the Citizens of Washington State. That the Government seeking cash and control. Absurd DUI Laws, State sanctioned sales of a big Pharma ounce, and No protections for Patients or people 18-21 is not 'Legalization' and only a paid-off mouth would say it is. 502 is Bad Law and Will Not Pass